May 08, 2006 | The Legal Intelligencer
Does Pa.'s Eminent Domain Code Trump the Municipal Planning Code?Several years back, in 2000, the city of Coatesville, exercising its eminent domain powers, condemned several acres of private property for the purpose of creating a public golf course and family-oriented recreational complex.
By Harper J. Dimmerman
6 minute read
March 17, 2011 | The Legal Intelligencer
The Descriptive-Normative Tension in Land DevelopmentSome may contend that the concept of real estate development, by its very definition, requires at least some modicum of vision aimed at meeting future demand in the marketplace.
By James M. Lammendola And Harper J. Dimmerman
7 minute read
February 14, 2005 | The Legal Intelligencer
Developing Real Estate DevelopmentAlthough real estate development may present opportunity for vision and ingenuity, such a monstrous undertaking certainly provides the more tangible benefit of significant financial gain.
By Harper J. Dimmerman
8 minute read
March 14, 2005 | The Legal Intelligencer
Lender Liability and the Mortgage Satisfaction Act of 2004Pennsylvania's Mortgage Satisfaction Act, specifically 21 P.S. Section 681 (2004), is a statute worthy of consideration by the real estate practitioner. The statute compels the lender/mortgagee to timely record a satisfaction in the relevant county and goes so far as to provide for built-in penalties in the case that a satisfaction recording does not occur.
By Harper J. Dimmerman
7 minute read
August 14, 2006 | The Legal Intelligencer
Master's Partition Actions And Issues of FairnessIn early July, our Superior Court filed an opinion regarding the permissibility of rejecting a master's partition recommendations where an equal division could not be effectuated. Bernstein v. Sherman involved eight parcels of real estate situated in Philadelphia County and held as tenants-in-common. The properties were all distinct, separate, mixed residential and commercial use plots, with quite different values; a perfectly equal division was not possible.
By Harper J. Dimmerman
6 minute read
December 13, 2004 | The Legal Intelligencer
A Procedural Trilogy for Real Estate PractitionersFrom the vantage point of debtor's counsel and one traditionally representing smaller consumer interests, creditor's counsel appear to confront a whole host of obstacles in the course of their debt collection efforts. Objections to proofs of claim on the basis of unutilized sheriff's deposits, contests over creditor classifications and lien stripping are just a few of those issues potentially impacting counsel for a creditor.
By Harper J. Dimmerman
8 minute read
July 30, 2007 | The Legal Intelligencer
Applying Lis Pendens: Is Title to Real Property Truly at Issue?As the recent Philadelphia Court of Common Pleas decision in Philadelphia Waterfront demonstrates, a lis pendens can prove to be challenging in its application.
By Harper J. Dimmerman
7 minute read
December 12, 2005 | The Legal Intelligencer
Exposure to Fraud in Real Estate TransactionsA seller's exposure to fraud in the context of small residential deals and large-scale commercial ones alike is a concept that is likely on minds of a majority of practitioners frequently called upon to supply immediate and accurate advice in the contact of a live negotiation.
By Harper J. Dimmerman
7 minute read
July 11, 2005 | The Legal Intelligencer
Negligent Misrepresentation and Design ProfessionalsThe economic loss doctrine can prove to be a formidable obstacle for plaintiffs counsel where contractual issues are in play. In fact, the absence of privity of contract between parties is generally a bar to recovery for economic loss.
By Harper J. Dimmerman
8 minute read
September 11, 2006 | The Legal Intelligencer
The Pros and Cons Associated With De Facto TakingThe latest and greatest Pennsylvania condemnation case is the Lehigh-Northampton Airport decision, decided just last month by our own state Supreme Court. In what is certain to become a landmark decision, an airport authority charged with the task of a significant expansion, experiences both the advantages and disadvantages of masterminding a major de facto taking.
By Harper J. Dimmerman
6 minute read
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